Bobby N. Harmon, CPCU, ARM



Las Vegas, NV 89118-2070


March 29, 2005

VIA fax @ 808-586-2806

& e-mail: insurance@dcca.hawaii.gov


Amberle I. Masuda, Chief Investigator

State of Hawaii, Insurance Division

Department of Commerce and Consumer Affairs

335 Merchant Street, 2nd Floor, Rm 213

Honolulu, Hawaii 96813

 

Re:    Complaint Against:         P&C Insurance Company; Clyde Mark; Matt A. Tsukazaki

         Their Insured:       Kamehameha Schools; P&C Insurance Co., et al.


Dear Amberle:


Thank you for your letter dated March 22, 2005, which was in response to my Complaint of August 14, 2003, in which you state, “In regards to your inquiry as to whether Mr. Mark and Mr. Tsukazaki are licensed as adjusters in Hawaii, we answer in the negative.” Due to the lateness of this response, however, I must inform you that the Complaint and Demand for Arbitration case which was filed against me by Trustee Mary Lou Woo already has been held and a decision by the Arbitrator rendered.


It was during the course of the arbitration proceedings that Louanne Kam, Esq., first informed me that Clyde Mark was no longer employed by Kamehameha Schools and was no longer the president of P&C Insurance Company, Inc. (P&C). When asked on what date Mr. Mark left his positions in these two entities, Ms. Kam was unable to provide this information. At that time, Ms. Kam indicated that a replacement for Mr. Mark had not yet been hired. Ms. Kam also indicated during the arbitration hearing that she was responsible for handling the claims which were the subject of my Complaint to your office on August 14, 2003, which leads me to request the following information:

 

1.      On what date did Clyde Mark leave his position as president of P&C Insurance Company, Inc.?

 

2.      What is the name of P&C’s current president, and on what date was he/she appointed to that position?

 

3.      What are the names of all other officers and directors for this company?

 

3b.    What is their current mailing address and telephone/facsimile numbers?

 

4.      Who is the current Captive Manager for this company, and what is their mailing address and telephone/facsimile numbers?

 

5.      Is Louanne Kam, Esq. a licensed Claims Adjuster in the State of Hawaii?


As I have been Ordered to appear for a Rule 16 Scheduling/Status Conference before Judge Kevin S.C. Chang on April 11, 2005, in Civil No. CV05-00030 DAE KSC, it is imperative that I receive your answers to these questions of fact as soon as possible in order that I may prepare for this court-mandated Conference. Due to the time constraints, I ask that your response be sent to me by facsimile at (702) 222-2137, with the original to follow by U.S. Postal Service.


Thank you very much for your assistance in this important matter.


Very truly yours,




Bobby N. Harmon, CPCU, ARM

 

cc:     National Association of Insurance Commissioners

(via e-mail: www.external-apps.naic.org/fraud)

 

Michael G. Cherkasky, President and Chief Executive Officer

Marsh & McLennan Companies, Inc. (via fax @ 212-345-4838)

 

John D. Finnegan, President and Chief Executive Officer

The Chubb Corporation (via e-mail: info@chubb.com)

 

William K. Slate II, President/CEO, American Arbitration Association

(via e-mail: Websitemail@adr.org)

 

James B. Farris, Senior Case Manager, American Arbitration Association

(via e-mail: Farrisj@adr.org)

 

Mary Lou Woo, c/o Steven Guttman, Kessner Duca Umebayashi, et al.

(via fax @ 808-529-7177 and e-mail: sguttman@kdubm.com)

 

         Mark Bennett, Attorney General, State of Hawaii 

(via e-mail: hawaiiag@hawaii.gov )

 

Dee Jay Mailer, CEO, Kamehameha Schools (via fax @ 808-523-6313)

 

Matt A. Tsukazaki, Esq., Torkildson Katz Fonseca Jaffe Moore & Hetherington

(via e-mail: mat@torkildson.com)

 

Governor Linda Lingle, State of Hawaii (via fax @ 808-586-0006)

 

Hugh Jones, Deputy Attorney General (via fax @ 808-586-1477)

 

Janet Hughes, Internal Revenue Service (via fax @ 303-844-3596)

 

Billy Beaver, Pension & Welfare Benefit Admin. (via fax @ 626-229-1098)

 

Ralph F. Boyd, Jr., U.S. Dept. of Justice (via fax @ 202-514-1116)

 

Lyn Flanigan Anzai, Hawaii State Bar Association (via e-mail: lanzai@hsba.org)

 

Susan Tius, Esq., c/o Rush Moore Craven Sutton Morry & Beh

(via fax @ 808-521-0597)

 

Gerard Jervis, Lokelani Lindsey, Henry Peters, Oswald Stender, and Richard Wong, c/o Kenneth Hipp, Esq., Marr Hipp Jones & Pepper

(via fax @ 808-536-6700)

 

Jeffrey H.K. Sia, Esq., Ayabe Chong Nishimoto Sia & Nakamura

(via fax @ 808-526-3491)

 

         Robert S. Tameler, ALPS, Claims Admin for Bradley Tamm and Greg Dunn
(via fax @ 406-728-7416)

 

         Mike Coulter, Deputy Managing Director, Aon Insurance Managers
(via e-mail: mike_coulter@agl.aon.com)

 

         Colbert Matsumoto, CEO, Island Insurance Co.
(via fax @ 808-564-8456)

 

Roy F. Hughes, Esq. (via e-mail: hthughes@hawaii.rr.com)

 

         PricewaterhouseCoopers, c/o Warren Price III, Esq.
(via fax @ 808-533-0549)

 

Terry Mullen, CEO/Pres., John Mullen & Co. (via fax @ 808-531-0053)